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Senate committee backs adding gangs to Anti-Organized Criminal Enterprise law
Summary
A Senate committee voted to report a committee substitute for Senate Bill 617 that extends the state's Anti-Organized Criminal Enterprise Act to include gang activity and adopts a DOJ-derived definition of "gang."
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A Senate committee on an unspecified date voted to report the committee substitute for Senate Bill 617 to the full Senate with a recommendation that it pass. The substitute would add "gang" activity to the state's Anti-Organized Criminal Enterprise Act and expand the existing organized-crime framework to reach certain gang conduct.
Counsel for the committee told members, "The committee substitute for senate bill 6 1 7, adds gang activity to the Anti Organized Criminal Enterprise Act which does already exist. The term gang is defined, Criminal Enterprise Act." The counsel said the substitute extends the code that governs prosecution of organized crime to cover gangs and adds additional offenses to that section of code.
Senator from Brook asked about the numerical threshold for organized criminal enterprise versus gang definitions, saying, "For organized criminal enterprise, it's, 5 or more persons. For gang, it's 3 or more persons. Is there a reason for the distinction between the 2?" Counsel replied that the organized-crime definition already existed and "The gang definition was pulled from, DOJ recommended website." The chair observed the substitute "would seem to be a natural extension of the use of RICO and prosecution of organized crime."
After no amendments were offered, the committee vice chair moved that the committee report the substitute to the full Senate with a recommendation that it pass. The motion carried; the chair declared "the ayes have it" and said the committee substitute would be reported to the full Senate.
The committee record in the transcript does not show a roll-call vote or list individual members' votes by name; the motion was adopted by voice vote. No secondary motions or amendments to the substitute are recorded in the transcript.
